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Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 5268
Experience:  Licensed to practice before state and federal court
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I m currently on a shared water pipe with my neighbor. The

Customer Question

Hi
I m currently on a shared water pipe with my neighbor.
The pipe is about 100 yrs old and leaks in lots of places.
I have dug a trench and laid 2 new pipes to come off the shared system.
I have arranged for the water board to make 2 new separate connections.
the water board are coming on the 16/5/17.
my problem is that I have been sending letters and trying to talk to the neighbor for 3 months now but he keeps ignoring my letters and he is away a lot of the time.
my plumber needs access to his garden out house, to connect his new pipe to his house. due to the fact that he cannot connect the new pipe to the 100year old pipe
because it is in such poor condition.
can I access my neighbors property to connect his new water pipe with out his permission if he is not home.
thank you *****
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Legal Eagle replied 5 months ago.
Hi! My name is ***** ***** I am an attorney with Just Answer. One moment while I review your question.
Expert:  Legal Eagle replied 5 months ago.
By the way feel free to ignore phone call request.
Customer: replied 5 months ago.
hi D
Expert:  Legal Eagle replied 5 months ago.
the answer to your question is no. You won't be able to go onto the land because if could be considered a trespass. However, a defense to trespass could be the defense of PRIVATE NECESSITY. Generally, this defense is only available when one party's life is in danger and a trespass is necessary. However, you could make that argument that the need for running water is necessary. Practically, if your neighbor is never there, you can probably go onto his land and he will be none the wiser. Similarly, make sure your guy doesn't cause any damage to your neighbor's land because you could be liable for the harm.
Expert:  Legal Eagle replied 5 months ago.
Did you have any follow up questions today? If not were you satisfied with my service today?
Customer: replied 5 months ago.
Hi D
yes, as this is my responsibility to make shore that my neighbor is not cut off from the water supply.
I cannot leave him on the old leaking pipe so i need access to connect him to the new pipe.
how do i do yhis if he wont talk to me to grant his permission
Expert:  Legal Eagle replied 5 months ago.
I certainly understand. Legally, you've done everything you can do (ask permission). At this point, you'll have to take matters into your own hands to get it complete. You can defend yourself on the ground that mentioned (private necessity).
Customer: replied 5 months ago.
Hi D
OK thank you.
i will just have to make the new connection, and see what happens'
so much for trying to be a good neighbor.
I have done all the work in digging the trench applying to the water board and paying for it all, so my neighbor does not have
to pay anything and he wont talk about it.
you try and do something nice for a neighbor and this is what happens.
thank you for your help
Mark Gallagher
Expert:  Legal Eagle replied 5 months ago.
Mark I'm sorry for the delay. I had to step away momentarily. I think you did the smart and neighborly thing.
Expert:  Legal Eagle replied 5 months ago.
If you haven't already, would you be ale to rate your opinion of my service? Thanks so much!